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10 Jul 2022, 6:30 am by Sandy Levinson
  Our own Jack Balkin tries to split the difference by elaborating what he calls “living originalism,” but Vermeule, although respectful, clearly does not believe that Balkin has squared the circle. [read post]
7 Jul 2022, 2:05 pm by INFORRM
Proportionally restricting free speech rights In Murphy v IRTC Barrington J explained that, when there is a restriction on a constitutional right, the state can justify it if it meets a legitimate aim and is proportionate to that aim. [read post]
6 Jul 2022, 5:13 am by Eugene Volokh
Indeed, similar rules apply in many states to private schools more generally; if a state bans discrimination in admission by such schools, which many states do, that brings with it similar restrictions on speech that creates a "hostile environment" (which would likely violate the First Amendment when applied to curriculum, see Runyon v. [read post]
4 Jul 2022, 1:00 am by Jocelyn Hutton
The following Supreme Court judgments remain outstanding: (As of 6/7/22) The Law Debenture Trust Corporation plc v Ukraine (Represented by the Minister of Finance of Ukraine acting upon the instructions of the Cabinet of Ministers of Ukraine) Nos. 2 and 3, heard 9-12 December 2019 BTI 2014 LLC v Sequana SA and Ors, heard 4 May 2021 East of England Ambulance Service NHS Trust v Flowers and Ors, heard 22 June 2021 Harpur Trust v Brazel, heard… [read post]
3 Jul 2022, 10:03 am by Josh Blackman
The state will have to err on the side of allowing more religion into the public square to avoid violating speech and exercise rights. [read post]
The state of New York, in an emergency session Friday, passed a new gun law in response to the US Supreme Court ruling in New York State Rifle & Pistol Association v. [read post]
2 Jul 2022, 5:21 am by SHG
At the last minute, lawmakers added Times Square to the list of restricted sites. [read post]
1 Jul 2022, 6:28 pm by Josh Blackman
At the last minute, lawmakers added Times Square to the list of restricted sites. [read post]